Florida Senate - 2017 (PROPOSED BILL) SPB 7010 FOR CONSIDERATION By the Committee on Military and Veterans Affairs, Space, and Domestic Security 583-00875A-17 20177010pb 1 A bill to be entitled 2 An act relating to the Department of Military Affairs 3 direct-support organization; amending s. 250.115, 4 F.S.; abrogating the scheduled repeal of provisions 5 governing a direct-support organization established 6 under the department; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 250.115, Florida Statutes, is amended to 11 read: 12 250.115 Department of Military Affairs direct-support 13 organization.— 14 (1) DEFINITIONS.—As used in this section, the term: 15 (a) “Direct-support organization” means an organization 16 that is: 17 1. A Florida corporation not for profit, incorporated under 18 chapter 617, and approved by the Department of State. 19 2. Organized and operated exclusively to raise funds; 20 request and receive grants, gifts, and bequests of moneys; 21 acquire, receive, hold, invest, and administer in its own name 22 securities, funds, or property; support the processing of 23 requests for assistance from the Soldiers and Airmen Assistance 24 Program or similar programs, as directed by the Adjutant 25 General; and make expenditures to or for the direct or indirect 26 benefit of the Department of Military Affairs or the Florida 27 National Guard. 28 3. Determined by the Department of Military Affairs to be 29 operating in a manner consistent with the goals of the 30 Department of Military Affairs and the Florida National Guard 31 and in the best interest of the state. Any organization that is 32 denied certification by the Adjutant General may not use the 33 name of the Florida National Guard or the Department of Military 34 Affairs in any part of its name or its publications. 35 (b) “Personal services” includes full-time or part-time 36 personnel as well as payroll processing. 37 (2) BOARD OF DIRECTORS.—The organization shall be governed 38 by a board of directors. The Adjutant General, or his or her 39 designee, shall appoint a president of the board. The board of 40 directors shall be appointed by the president of the board. 41 (3) CONTRACT.—The direct-support organization shall operate 42 under a written contract with the department. The written 43 contract must provide for: 44 (a) Certification by the department that the direct-support 45 organization is complying with the terms of the contract and is 46 doing so consistent with the goals and purposes of the 47 department and in the best interests of the state. This 48 certification must be made annually and reported in the official 49 minutes of a meeting of the direct-support organization. 50 (b) The reversion of moneys and property held by the 51 direct-support organization: 52 1. To the department if the direct-support organization is 53 no longer approved to operate by the department; 54 2. To the department if the direct-support organization 55 ceases to exist; or 56 3. To the state if the department ceases to exist. 57 (c) The disclosure of the material provisions of the 58 contract and the distinction between the department and the 59 direct-support organization to donors of gifts, contributions, 60 or bequests, including such disclosure on all promotional and 61 fundraising publications. 62 (4) USE OF PROPERTY.— 63 (a) The Department of Military Affairs may permit the use 64 of property, facilities, and personal services of the Department 65 of Military Affairs by the direct-support organization, subject 66 to the provisions of this section. 67 (b) The Department of Military Affairs may prescribe by 68 rule any condition with which a direct-support organization 69 organized under this section must comply in order to use 70 property, facilities, or personal services of the Department of 71 Military Affairs. 72 (c) The Department of Military Affairs may not permit the 73 use of its property, facilities, or personal services by any 74 direct-support organization organized under this section which 75 does not provide equal employment opportunities to all persons 76 regardless of race, color, national origin, gender, age, or 77 religion. 78 (5) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement 79 between the direct-support organization organized pursuant to 80 this section and another direct-support organization must be 81 approved by the Department of Military Affairs. 82 (6) ANNUAL BUDGETS AND REPORTS.—The direct-support 83 organization shall submit to the Department of Military Affairs 84 its annual budget and financial reports, its federal Internal 85 Revenue Service Application for Recognition of Exemption form 86 (Form 1023), and its federal Internal Revenue Service Return of 87 Organization Exempt from Income Tax form (Form 990). 88 (7) ANNUAL AUDIT.—The direct-support organization shall 89 provide for an annual financial audit in accordance with s. 90 215.981. 91
(8) REPEAL.—This section is repealed October 1, 2017,92 unless reviewed and saved from repeal by the Legislature.93 Section 2. This act shall take effect July 1, 2017.